Allahabad High Court
The Commissioner Of Income Tax, ... vs M/S Krishi Utpadan Mandi Samiti, ... on 27 January, 2010
Bench: Devi Prasad Singh, Devendra Kumar Arora
Court No. - 27 Case :- INCOME TAX APPEAL No. - 3 of 2010 Petitioner :- The Commissioner Of Income Tax, Faizabad Respondent :- M/S Krishi Utpadan Mandi Samiti, Jais,Bahadurpur,Raibareli Petitioner Counsel :- D.D. Chopra Hon'ble Devi Prasad Singh,J.
Hon'ble Devendra Kumar Arora,J.
Heard learned counsel for the parties.
The present appeal under Section 260-A of the Income Tax Act has been filed against the order passed by the Income Tax Appellate Tribunal, Allahabad Bench, Allahabad.
The brief facts of the case are that during the assessment year in question, the Assessing Officer made various additions, which were upheld by the First Appellate Authority. However, the Tribunal vide its impugned order has observed that these entries were created under U.P. Krishi Utpadan Mandi Adhiniyam, 1964 and they are subject to provision of the Act and control of the Government. Finally, the Tribunal treated these assessees as "Charitable Institutions" and deleted the addition made by the Assessing Officer. Not being satisfied, the department is before this Court through the present appeal.
Admittedly, the Income Tax Appellate Tribunal in the case of Krishi Utpadan Mandi Samiti, Kanpur & others vs. Commissioner of Income Tax vide its order dated 28.02.2007 (Income Tax Appeal No.1205, 1257 to 1264/ Lue/2006) has granted the status of Charitable Institution to these Samities (Assessee). The said order was challenged before this Court. This Court vide its order dated 02.12.2009 in Income Tax Appeal Nos. 80-83 of 2007 (C.I.T. Vs. Krishi Utpadan Mandi Samiti, Lucknow & Ors.), upheld the orders of the Tribunal in other words, these Institutions were accepted by this Court as Charitable Institution for the assessment year in 2003-04 and subsequent assessment years including the assessment years under consideration. Once, these assessee are declared "Charitable Institutions", their income is exempted from Income Tax. When income is exempted then there is no justification to make additions and the same are likely to be deleted. The Tribunal has already deleted these additionsl by treating the assessees as "Charitable Institutions". No interference is required in the impugned order in view of the order passed by this Court (supra).
It appears that no substantial question of law has been involved in the present appeal, which may call for interference by this Court under Section 260-A of the Income Tax Act more so when the identical appeal has been dismissed in limine.
Accordingly, the present appeal is dismissed in limine.
Order Date :- 27.1.2010 Suresh/-